2020 New Mexico Statutes
Chapter 3 - Municipalities
Article 10 - Municipal Officers; Qualifications; Compensation; Removal from Office
Section 3-10-3 - Noncharter municipalities; governing bodies; compensation.

A noncharter municipality may provide by ordinance for the compensation of the mayor and other individual members of the governing body.

History: 1953 Comp., § 14-9-3, enacted by Laws 1971, ch. 194, § 1; 1995, ch. 119, § 1.

Repeals and reenactments. — Laws 1971, ch. 194, § 1, repealed former 14-9-3, 1953 Comp., relating to compensation of municipal officers, and enacted a new section.

The 1995 amendment, effective June 16, 1995, deleted the former second sentence which read: "Annual compensation paid to the mayor or another member of the governing body shall not exceed the annual compensation paid to a member of the board of county commissioners of the county in which the noncharter municipality is located."

Compensation of city officials could be fixed only by ordinance, and not by motion. Ward v. City of Roswell, 1929-NMSC-074, 34 N.M. 326, 281 P. 28.

Application of salary-fixing provisions of municipal code. — The salary-fixing provisions of the municipal code has reference only to municipalities organized directly under a code-established plan. 1970 Op. Att'y Gen. No. 70-41.

Officials not to realize salary increase during term. — Subject to its applicable laws, the governing body of a municipality may enact an ordinance to increase the salary of its members, but members serving during the term in which such an ordinance is enacted cannot benefit from the increase during that term. 1981 Op. Att'y Gen. No. 81-17.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions §§ 258 to 268.

62 C.J.S. Municipal Corporations §§ 372 to 390.